For Immediate Release

June 2, 2025

 Texas Legislature passes Public Information Act response bill, sends it to governor

 AUSTIN – The Texas Legislature has approved a measure requiring government agencies to respond to public information requestors or face consequences – an important step in making government more accountable.

House Bill 4219, put forth by Rep. Giovanni Capriglione, R-Southlake, and Sen. Judith Zaffirini, D-Laredo, has been sent to the governor. It requires governments to issue a written response to requestors who seek records under the Texas Public Information Act, even if there are no responsive documents or a previous attorney general ruling allows withholding those records.

“If enacted, this legislation will help ensure citizens aren’t ignored and that the Public Information Act works as it should. Currently, some information requestors don’t receive responses at all. That’s contrary to common sense and courtesy,” said Kelley Shannon, executive director of the Freedom of Information Foundation of Texas.

Gov. Greg Abbott has until June 22 to sign or veto bills. The legislative session’s conclusion was Monday.

Laura Prather, a First Amendment attorney and co-chair of the FOI Foundation’s legislative committee, noted the bill requires governments to cite the specific prior attorney general rulings if they rely on them to withhold information and to get more training if they don’t understand how the law works.

“The passage of HB 4219 is just one example of good public policy enhancing transparency and accountability,” she said.

The legislation will benefit all Texans, said Arif Panju, a constitutional attorney and co-chair of the foundation’s legislative committee. “It should not require legislation in 2025 to force the government to respond to an open records request. But it did.”

The required response bill was part of the legislative agenda of the broad-based Texas Sunshine Coalition, made up of 16 organizations.

“The bipartisan Sunshine Coalition brings together groups from across the political spectrum who have a shared belief in the public’s right to know what their government is doing,” Prather said.

In addition to Capriglione and Zaffirini, lawmakers who pressed for Sunshine Coalition transparency measures included Rep. Todd Hunter, R-Corpus Christi; Rep. John Smithee, R-Amarillo; Sen. Nathan Johnson, D-Dallas; Sen. Mayes Middleton, R-Galveston; Rep. Terry Canales, D-Edinburg; and Rep. John Bryant, D-Dallas.

Transparency bills that were not formally among the Sunshine Coalition’s initial agenda but were backed by many coalition members also passed the Legislature and have been sent to the governor. Among those are:

HB 4214 by Rep. Pat Curry, R-Waco, requiring the Attorney General’s Office to maintain a publicly accessible database listing governments’ current public information request addresses.

HB 3711 by Capriglione, expanding investigation options for Open Meetings Act violations to include potential assistance by the AG’s office and state law enforcement.

HB 2520 by Rep. Ann Johnson, D-Houston, to include in the Open Meetings Act school district boards of managers where there’s been a state takeover.

HB 1522, by Rep. Stan Gerdes, R-Smithville, requiring public meeting notices to be posted three business days in advance instead of 72 hours and requiring a copy of a budget with the posting if a budget is to be considered in the meeting.

The Sunshine Coalition’s agenda included bills that would have allowed for recovery of attorneys’ fees in Public Information Act lawsuits; restored access to birthdates in public records to allow for accurate identification when people have common names; required open government training for outside attorneys hired by governments to handle open government matters; required release of records in searchable-sortable format; and required the continued operation of a state open government hotline. Several of these proposals passed the Texas House of Representatives but not the Senate.

The Sunshine Coalition members are the Freedom of Information Foundation of Texas; Texas Association of Broadcasters; Texas Press Association; Texas Public Policy Foundation; Institute for Justice; ACLU of Texas; Every Texan; Common Cause; Grassroots America; League of Women Voters of Texas; SMU School of Law First Amendment Clinic; Texas Appleseed; Texas Association of Licensed Investigators; Texans Uniting for Reform and Freedom; Public Citizen; PublicData.com.

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Contact: Kelley Shannon
Cell 512-914-9222; [email protected]